Felony Sentences in State Courts 2004 - July 2007

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Bureau of Justice Statistics Bulletin July 2007, NCJ 215646 U.S. Department of Justice Office of Justice Programs National Judicial Reporting Program Felony Sentences in State Courts, 2004 By Matthew R. Durose and Patrick A. Langan, Ph.D. BJS Statisticians In 2004 State courts convicted an estimated 1,079,000 adults of a felony, a number about 24% higher than the 872,000 adults convicted in 1994. About a third of conviccte felons were drug offenders, and about 1 in 5 were violent offenders. Overall, between 1994 and 2004 the number of felons convicted of a violent offense in State courts rose 18% (from 165,000 to 195,000). During this 10-year period, the conviction rate for violent crimes also rose. For every 100 persons arrested for a violeen felony in 1994, an estimated 23 were convicted. In 2004, the rate was 31 persons convicted for every 100 persoon arrested. Persons convicted of a felony were most likely to receive an incarceration sentence in 2004. Forty percent were sentennce to a period of confinement in State prison and 30% in local jail. An estimated 28% of convicted felons were sentenced to probation with no jail or prison time. The average sentence length to State prison for a violent felony declined between 1994 and 2004 (from 10 years to 7½ years). However, felons sentenced for a violent felony in 2004 were more likely than those sentenced in 1994 to serve a larger proportion of their sentence before release. Among major findings on State court sentencing in 2004 — • 94% of felony convictions occurred in State courts, the remaining 6% in Federal courts. • 95% of convicted felons pleaded guilty, the remaining 5% were found guilty by a jury or judge. • The average sentence length for convicted felons to State prison was almost 5 years. • Females accounted for a quarter of felony property offenders. The findings in this report were almost exclusively based on the National Judicial Reporting Program, a survey that is conducted every 2 years and collects the only detailed information on sentences of convicted felons in State courts nationwide. Detailed data are available in State Court Sentenncin of Convicted Felons, 2004 -Statistical Tables, located on the BJS web site at . Most serious conviction offense Persons convicted of a felony in State courts 1994 2004 All offenses 100 % 100 % Violent offenses 19 18 Property offenses 32 29 Drug offenses 31 34 Weapon offenses 4 3 Other offenses 15 17 Estimated number 872,220 1,078,920 Between 1994 and 2004, the number of felony convictions in State courts increased 24% Violent felony Number of persons convicted of a felony in State courts 1994 1996 1998 2000 2002 2004 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 Any felony Violent felony2 Felony Sentences in State Courts, 2004 About 1.1 million persons were convicted of a felony in State courts in 2004 In 2004 an estimated 1,078,920 persons were convicted of a felony in State courts, a vast majority (95%) of whom pleaded guilty. The 1.1 million persons were convicted and sentenced for about 1.5 million felony offenses during 2004. At the time of sentencing, about 3 out of 4 felons sentenced in 2004 (77%) were sentenced for a single felonny The rest were sentenced for two or more felonies. A drug crime was the most serious conviction offense for about a third of felons convicted in 2004. Majority of felony convictions occurred in State courts Federal courts convicted 66,518 persons of a felony in 2004, which represented 6% of the combined State and Federal total convictions. Violent offenses comprised 18% of felony convictions in State courts, compared to 4% of those in Federal courts. Weapons offenses accounted for 12% of felony convictions in Federal courts, compared to 3% of those in State courts. Average age of convicted felons was 32 years In 2004 persons in their twenties accounted for 40% of conviccte felons, which was double their percentage of the adult population (18%). The average age of persons conviccte of a felony in State courts in 2004 was 32 years. Men accounted for a larger percentage of persons convicted of a felony (82%), compared to their percentage of the adult population (49%). Whites were 82% of adults in the U.S. population, compared to 59% of persons convicted of a felonny Blacks were 12% of the adult population, but 38% of convicted felons. Females accounted for a quarter of felony property offenders Females comprised a relatively large proportion of persons convicted of a property crime in 2004 — 1 in 4 — compared to their proportion of those convicted of other crimes. Persoon under 30 accounted for 48% of felony convictions for property offenses, but 61% of felony weapon convictions. 7 in 10 convicted felons in State courts were sentenced to incarceration In 2004, 70% of all persons convicted of a felony in State courts were sentenced to a period of confinement – 40% to State prison and 30% to local jail. In some cases the incarceraatio sentences also included a term of probation supervission Persons convicted of a violent felony (78%) were most likely to receive an incarceration sentence in 2004. An estimated 28% of convicted felons were sentenced to probattio with no jail or prison time. Two percent of felons were not sentenced to any incarceration or probation but received a sentence that included fines, restitution, treatmeent community service, or some other penalty (for examplle house arrest or periodic drug testing). Most serious conviction offense Persons convicted of a felony in State courts in 2004 Number Percent All offenses 1,078,920 100 % Violent offenses 194,570 18 % Murder/nonnegligent manslaughter 8,400 1 Rape/sexual assault 33,190 3 Robbery 38,850 4 Aggravated assault 94,380 9 Other violent 19,750 2 Property offenses 310,680 29 % Burglary 93,870 9 Larceny 119,340 11 Fraud/forgery 97,470 9 Drug offenses 362,850 34 % Possession 161,090 15 Trafficking 201,760 19 Weapon offenses 33,010 3 % Other offenses 177,810 17 % Note: Detail may not sum to total because of rounding. Most serious conviction offense Percent of persons convicted of a felony in 2004 Federal State All offenses 100 % 100 % Violent offenses 4 18 Property offenses 18 29 Drug offenses 37 34 Weapon offenses 12 3 Other offenses 29 17 Estimated number 66,518 1,078,920 Note: Detail may not sum to total because of rounding. Characteristic of convicted felon Felony conviction offenses in State courts in 2004 All Violent Property Drug Weapon Other Total 100 % 100 % 100 % 100 % 100 % 100 % Gender Male 82 % 90 % 74 % 82 % 96 % 87 % Female 18 10 26 18 4 13 Race White 59 % 57 % 64 % 52 % 43 % 69 % Black 38 39 34 46 55 27 Other 3 3 2 2 2 4 Age at sentencing Under 20 7 % 10 % 8 % 4 % 10 % 5 % 20-29 40 43 40 41 51 35 30-39 27 25 28 27 21 29 40-49 19 16 18 21 13 23 50-59 5 5 5 5 4 7 60 or older 1 2 1 1 1 1 Mean 32 yr 31 yr 32 yr 33 yr 30 yr 34 yr Note: Detail may not sum to total because of rounding. Data on gender were reported for 83% of all cases; race for 71%; age for 85%.Felony Sentences in State Courts, 2004 3 Prison sentences in State courts averaged almost 5 years in 2004 State prison sentences averaged 4 years and 9 months in 2004. Persons convicted of a violent felony received the longest prison sentences in 2004. Felony sentences to jail averaged 6 months. The average felony sentence to incarceraatio (prison or jail) in State courts was about 3 years in 2004, compared to just over 5 years in Federal courts. Federra felony drug offenders received incarceration terms (7 years) that were about 2½ times the length of felony drug offenders in State courts (2 years and 7 months). Among felons who were sentenced in State courts to probattio and no incarceration, the average probation senteenc was 3 years and 2 months. Less than 1% of convicted felons were sentenced to life in prison Life sentences are rare among convicted felons in State courts, whether measured as a percentage of all sentences (0.3%) or as a percentage of prison sentences (0.8%). Among the estimated 8,400 persons convicted of murder or nonnegligent manslaughter in 2004, 20.4% were sentennce to life in prison. In 2004, 29 States received 115 prisoners under sentence of death.* Not all 8,400 persons convicted of murder or nonnegligent manslaughter were subject to the death penallty Twelve States did not authorize the death penalty in 2004. In the 38 States that did, only certain types of murder were capital offenses. Most serious conviction offense Percent of felons convicted in State courts during 2004 sentenced to — Incarceration Nonincarceration Total Prison Jail Probation Other All offenses 100 % 40 30 28 2 Violent offenses 100 % 54 24 20 2 Property offenses 100 % 37 31 30 2 Drug offenses 100 % 37 30 30 3 Weapon offenses 100 % 44 28 27 1 Other offenses 100 % 34 35 29 2 Note: Detail may not sum to total because of rounding. Data on senteenc type were reported for 98% of all cases. Most serious conviction offense Mean sentence length in State courts during 2004 for felons sentenced to — Incarceration Straight probation Total Prison Jail All offenses 37 mo 57 mo 6 mo 38 mo Violent offenses 68 92 7 44 Property offenses 29 45 6 38 Drug offenses 31 51 6 38 Weapon offenses 32 47 7 34 Other offenses 24 41 6 38 Note: Means exclude life and death sentences. Data on sentence length were reported for 89% of all cases. *See Capital Punishment, 2004, NCJ 211349, November 2005. Trends in convictions and sentences for violent felonies The likelihood of arrest leading to conviction for a violent crime has increased In 2004 aggravated assault convictions in State courts totaled 94,380, and adult arrests for that crime totaled 377,580, indicating about a 25% likelihood of conviction for aggravated assault. The corresponding rate in 1994 was 14%. The robbery conviction rate also rose between 1994 (39%) and 2004 (46%). The overall conviction rate for violent felonies — murder, rape, robbery, and aggravated assault — increased from 23% in 1994 to 31% in 2004. Violent offenders were sentenced to shorter prison terms but served a larger percentage of their sentence The estimated average prison sentence received by violent felony offenders in State courts decreased from nearly 10 years in 1994 to about 7½ years in 2004. During this period, the fraction of their court-imposed sentence actually served in prison increased from just under half to about two-thirds. As a result, the average time served in prison for a violent felony remained relatively stable between 1994 and 2004. 1994 1996 1998 2000 2002 2004 0 30 60 90 120 150 Mean State prison sentence Actual time served Months Mean State prison sentence and time served for violent felonies 1994 1996 1998 2000 2002 2004 0% 15% 30% 45% 60% Any violent felony Aggravated assault Robbery Percent Percent of felony arrests leading to felony convictions, by offense Note: Estimates for time served in prison are based on the assumption that someone sentenced in a particular year would serve the fraction of the imposed sentence found among prisoners released that year. 2003 data were used to estimate time served in prison in 2004. Note: The likelihood of a felony arrest leading to a felony conviction is approximated by dividing the number of adult felony convictions in a year by the number of adult felony arrests that year.U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics Washington, DC 20531 Official Business Penalty for Private Use $300 PRESORTED STANDARD POSTAGE & FEES PAID DOJ/BJS Permit No. G-91 *NCJ~215646* 4 Felony Sentences in State Courts, 2004 This report in portable document format and in ASCII and its related statistical data and tables are available at the BJS World Wide Web Internet site: . Office of Justice Programs Innovation • Partnerships • Safer Neighborhoods http://www.ojp.usdoj.gov The Bureau of Justice Statistics is the statistical agency of the U.S. Department of Justice. Jeffrey L. Sedgwick is director. BJS Bulletins present the first release of findings from permanent data collection programs. This Bulletin was written by Matthew R. Durose and Patrick A. Langan, Ph.D. Grant LaFarge assisted with verification. Data collection and processing were performed by the U.S. Census Bureau. Tina Dorsey produced and edited the report with assistance from Joanna S. Bradford, under the supervision of Doris J. James. Jayne Robinson prepared the report for final printing. July 2007, NCJ 215646 Methodology The National Judicial Reporting Program (NJRP) has been conducted every two years since 1986. The 2004 survey was based on a nationally representative stratified cluster sample of State courts from 300 counties. Case-level data were successfully obtained on 471,645 convicted felons from these 300 counties. The NJRP excluded misdemeanoor and Federal court convictions. More data from the survey, crime definitions, standard error tables and detail on methodology are in State Court Sentencing of Convicted Felons, 2004 – Statistical Tables . Other data sources Federal court statistics were based on the BJS Federal justiic database. More information may be obtained on the Internet at . Arrest data were obtained from the FBI’s Uniform Crime Reporting Program. More information is available at . The BJS National Corrections Reporting Program provided data on percent of time served in prison. More information is at . Population estimates were obtained from the U.S. Census Bureau at .

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